Ordinance 592 Interim Ordinance Prohibiting the Sale, Testing, Manufacturing, and Distribution of Intoxicating and Psychoactive CannabinoidsOrdinance No. 592
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
AN INTERIM ORDINANCE PROHIBITING THE SALE, TESTING,
MANUFACTURING, AND DISTRIBUTION OF INTOXICATING AND
PSYCHOACTIVE CANNABINOIDS
NOW, THEREFORE, the City Council of the City of Shorewood does ordain:
SECTION 1. REPEAL/REPLACE.
This ordinance repeals and replaces Ordinance No. 590 in its entirety.
SECTION 2. BACKGROUND.
1. By enacting 2022 Session Law Chapter 98, Article 13, the Minnesota Legislature
amended Minn. Stat. § 151.72 and permitted the sale of edible and nonedible
cannabinoid products that contain Tetrahydrocannabinol, commonly known as THC
("THC Products").
2. The new law does enact some requirements for labeling and testing, but the law
provides no parameters regulating production, compliance checks, or sales of THC
Products. The new law does not prohibit local regulation.
3. Since the enactment of the new law, local government and law enforcement remain
concerned about legal status and classification of the production, sale, and use of other
intoxicating and psychoactive cannabinoids, such as HHC, as primary or secondary
ingredients in edible and nonedible cannabinoid products ("Intoxicating
Cannabinoids").
4. Pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to enact by ordinance
a moratorium to regulate, restrict or prohibit any use within the jurisdiction to protect
the public health, safety, and welfare. Specifically, the City is authorized to enact a
moratorium ordinance to allow it to undertake a study to determine whether to adopt
any regulations or restrictions, including siting and location of uses, related to the sales,
testing, manufacturing, and distribution of THC Products and Intoxicating
Cannabinoids.
5. Pursuant to its general police powers, including but not limited to, Minn.
Stat. § 421.221, subd. 32, the City may enact and enforce regulations or restrictions on
THC Products and Intoxicating Cannabinoids within the City to protect the public
safety, health, and welfare, including restrictions and a moratorium on the use of sales,
testing, manufacturing, and distribution, during the pendency of a study to determine
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the need for police power regulations, including but not necessarily limited to licensing
and permitting.
SECTION 2. FINDINGS.
1. The City Council finds there is a need to study THC Products and Intoxicating
Cannabinoids and uses and businesses related thereto, in order to assess the necessity
for and efficacy of regulation and restrictions relating to the sales, testing,
manufacturing, and distribution of THC Products, including through licensing or
zoning ordinances, in order to protect the public health, safety, and welfares of -its
residents.
2. The study will allow the City Council to determine the appropriate changes, if any, that
that it should make to City ordinances.
3. The City Council, therefore, finds that there is a need to adopt a City-wide moratorium
of the sale, testing, manufacturing, and distribution of THC Products and Intoxicating
Cannabinoids within the City while City staff studies the issue.
SECTION 3. MORATORIUM.
1. No individual, establishment, organization, or business may sell, test, manufacture, or
distribute THC Products and Intoxicating Cannabinoids for twelve (12) months from
the effective date of this ordinance.
2. The City shall not issue any license or permit related to THC Products and Intoxicating
Cannabinoids for twelve (12) months from the effective date of this ordinance. No
license or permit application, of any kind, by any individual, establishment,
organization, or businesses involved in the proposed sale, testing, manufacturing, or
distribution of THC Products and Intoxicating Cannabinoids within the City of
Shorewood shall be accepted or considered for twelve (12) months from the effective
date of this ordinance.
3. Planning or zoning applications related to THC Products and Intoxicating
Cannabinoids or applications from individuals, establishments, organizations, or
businesses involved in the proposed sale, testing, manufacturing, or distribution of
THC Products and Intoxicating Cannabinoids within the City of Shorewood shall not
be accepted or considered for twelve (12) months from the effective date of this
ordinance.
4. Exemptions:
a. This moratorium does not apply to the selling, testing, manufacturing, or
distributing of THC Products related to the Medical Cannabis Program as
administered by the Minnesota Department of Health, provided that such
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activity is done in accordance with the regulations and laws of Minnesota
regarding Medical Cannabis.
b. This moratorium does not apply to the selling, manufacturing, or distribution of
products that contain non -intoxicating, non -psychoactive cannabinoids as the
primary cannabinoid ingredient, such Cannabidiol ("CBD") or Cannabinol
("CBN"), and which have no more than trace amounts of THC.
SECTION 4. STUDY. The City Council directs City staff to study the need for local regulation
regarding the sale, testing, manufacturing, or distribution of THC Products and Intoxicating
Cannabinoids within the City of Shorewood. Staff must also study the need for creating or
amending zoning ordinances, licensing ordinances, or any other ordinances to protect the citizens
of Shorewood from any potential negative impacts of THC Products and Intoxicating
Cannabinoids. Upon completion of the study, the City Council, together with such commission as
the City Council deems appropriate or, as may be required by law, will consider the advisability
of adopting new ordinances or amending its current ordinances.
SECTION 5. ENFORCEMENT. The City may enforce this Ordinance by mandamus,
injunctive relief, or other appropriate civil remedy in any court of competent jurisdiction. The City
Council hereby authorizes the City Administrator, in consultation with the City Attorney, to initiate
any legal action deemed necessary to secure compliance with this Ordinance. A violation of this
Ordinance is also subject to the City's general penalty in City Code § 104.01.
SECTION 6. TERM. Unless earlier rescinded by the City Council, the moratorium established
under this Ordinance shall remain in effect until twelve (12) months from its effective date, at
which point, it will automatically expire.
SECTION 7. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and
after its passage by the City Council.
Passed this 121h day of September, 2022.
J if Labadie, Mayor
TEST
Sandie Thone, City Clerk
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